Tramontana v. Immigration & Naturalization Service

11 F. App'x 808

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 30, 2001
• Docket: No. 99-71473; I & NS No. A18-053-632
• Status: Published

Opinion

MEMORANDUM

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Michele Tramontana petitions this court to review the decision of the Board of Immigration Appeals ordering him removed from the United States because he is an aggravated felon. INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). We dismiss the petition.

The permanent provisions of IIRIRA¹ govern this case. We lack jurisdiction “to review any final order of removal against an alien who is removable by reason of having committed a criminal offense” covered by INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii). See INA § 242(a)(2)(C), 8 U.S.C. § 1252(a)(2)(C). However, we retain jurisdiction to determine whether we have jurisdiction. Aragoro-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000). The Board held that Tramontana’s conviction of attempted sexual conduct with a minor, in violation of Arizona Revised Statute § 13-405, amounted to an aggravated felony. Tramontana attempted to have oral sex with a 14-year-old boy. Clearly that is attempted sexual abuse of a minor, which is an aggravated felony. See INA § 101(a)(43)(A), (U), 8 U.S.C. § 1101(a)(43)(A), (U); see also United States v. Baron-Medina, 187 F.3d 1144, 1146 (9th Cir.1999). As such, we lack jurisdiction to review the petition.

Petition DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Illegal Immigration and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996), amended, Pub.L. No. 104-302, 110 Stat. 3656 (Oct. 11, 1996).